Orissa Court February 1980 Judgments
Gudialabandha Grama Sasan Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-21-1980
Reported in: AIR1981Ori40
P.K. Mohanti, J. 1. The Government Order in Annexure 3 setting aside the order of the Collector of Mayurbhanj as per Annexure 2 is under challenge in this writ petition.2. The petitioner is the Gudiala-bandha Grama Sasan in Badasahi Community Development Block of the Sada Subdivision within the district of Mayurbhanj. Opposite party No. 2 is the Lakhanasahi Grama Sasan within Khunta No. 1 Community Development Block of Udala Subdivision within the district of Mayurbhanj. The petitioner's case is that there has been a cattle market from many years past running in the village Balijoda within the jurisdiction of Gudialabanda Grama Sasan and this cattle, market is held on each Saturday. During the year 1979, the residents of Lakhanasahi Grama Sasan (Opposite party No. 2) decided to hold a cattle market at village Dukura on Saturday every week. This new cattle market at Dukura being situated at a distance of about 9 kilometers from Balijoda seriously affected the volume of transactions held...
Tag this Judgment!Bhaja Govinda Maikap and anr. Vs. Janaki Dei and ors.
Court: Orissa
Decided on: Feb-21-1980
Reported in: AIR1980Ori107
ORDERR.N. Misra, J.1. This application by defendants 1 and 2 is directed against the order dated 28-2-1979 by which the learned Subordinate Judge of Anandapur refused to record a compromise in Title Suit No. 8 of 1977 pending before him and directed parties to come ready for trial of the suit.2. Title Suit No. 8 of 1977 was one for partition. Defendants filed their written statement denying plaintiffs' claim of a share in the property. On 18-11-77, plaintiffs entered into a compromise with defendants 1 and 2 as also defendant No. 8 (opposite party No. 3). It may be stated that the. remaining defendants were strainger-purchasers. On the very day a petition of compromise was filed asking the Court to record the same. According to the compromise, plaintiffs had no share in the property but defendants agreed to give them 5 decimals out of the disputed property and 97 decimals of land not being a part of the suit property. It was also stipulated that the third defendant would receive a sum ...
Tag this Judgment!Executive Engineer, Deburi Expressway Division, Kendrapara Vs. Hemalat ...
Court: Orissa
Decided on: Feb-04-1980
Reported in: AIR1980Ori76; 49(1980)CLT373
N.K. Das, J.1. Devendranath Singh, since deceased, predecessor-in-interest of the present respondents, entered into a contract with the Executive Engineer, Deburi Expressway Division, Kendrapara for construction of the work 'Road Structure Repairs' as per F2 agreement (Ext. 5) which contained an arbitration clause for decision of disputes arising between the parties. A dispute was referred to the Chief Engineer who nominated one Mr. A.N. Nanda, Superintending Engineer to arbitrate the dispute between the parties. A petition was filed by the respondents for removal of Mr. Nanda which was registered as Misc. Case No. 58 of 1976 in the court of the Subordinate Judge, Jajpur. By order dated 6-7-1977, authority of Mr. Nanda to arbitrate was revoked and the order appointing him as arbitrator was quashed. Civil Revn. No. 203 of 1977 was preferred against the aforesaid order, but the order of revocation of the authority of Mr. Nanda was affirmed in revision. By mutual consent of both parties, ...
Tag this Judgment!Bansidhar Pradhan Vs. Commissioner of Income-tax
Court: Orissa
Decided on: Feb-04-1980
Reported in: 49(1980)CLT331; [1983]139ITR193(Orissa)
Das, J. 1. The petitioner contends that he derives income from plying a truck which is his only source of income. He filed returns of income for the assessment years 1971-72 to 1973-74 voluntarily under Section 139(4) of the I.T. Act, 1961, on October 16, 1973. While making an enquiry about some motor vehicle case, he was advised by his advocate to file his income-tax returns, notwithstanding the fact that whatever amount he earned was paid in instalments, as the same was liable to be assessed for the purpose of income-tax and, accordingly, he filed his returns for the aforesaid years. Thereafter, the ITO issued a notice under Section 148 of the Act asking him to file returns for the assessment years 1969-70 and 1970-71. This notice was served on him on October 18, 1973, and, accordingly, he filed his returns on October 22, 1973, showing the incomes which were not liable for assessment. Penal proceedings under Section 271(1)(a) were started against the petitioner and interest was also ...
Tag this Judgment!E. Adinarayana Patra Vs. Ramahari Patra and ors.
Court: Orissa
Decided on: Feb-01-1980
Reported in: AIR1980Ori95
P.K. Mohanti, J.1. The unsuccessful plaintiff has preferred this appeal in forma pauperis. The suit was for partition of the disputed properties into two equal shares between the plaintiff and defendant No. 3 and for recovery of possession and mesne profits.2. The suit properties belonged to the joint family consisting of the plaintiff, his father E. Surya Patra and brother E. Appana Patra. On a reference to arbitration for partition of the family properties, the Arbitrators passed an award allotting l/3rd share to each of the three male members of the family. The suit properties measuring 4.80 acres were allotted to E. Appalamma, the step-mother of E. Surya Patra for enjoyment during her lifetime in lieu of right of maintenance on condition that she would have no power of alienation and that after her death the properties would revert to E. Surya Patra and his heirs. A decree in terms of the award was passed by the Court on 7-4-25 vide Ext. 1. Sometime after the award, the plaintiff, ...
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